Ex parte KHARAS et al. - Page 5

          Appeal No. 95-4932                                                          
          Application No. 07/990,216                                                  

          corresponds to an “R” value of about 0.28 or lower.  Neither                
          does the examiner refute the assertion that the claimed                     
          catalyst components are defined, in part, in terms of their                 
          performance when exposed to exhaust gases from engines                      
          operating in the lean range where “R” is about 0.28 or lower.               
          We agree with appellants that the exhaust gas characteristics               
          recited in the claim preamble here must be given weight as a                
          basis for defining the subject catalyst in terms of its                     
          performance under certain conditions in order to give life and              
          meaning to the remaining descriptive portions of the claim.                 
          The examiner does not allege otherwise.  In this regard, see                
          Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA                   
          1951); In re Van Lint, 354 F.2d 674, 680, 148 USPQ 285, 289                 
          (CCPA 1966); and Corning Glass Works v. Sumitomo Electric                   
          U.S.A., Inc., 868 F.2d 1251, 1257, 9 USPQ2d 1962, 1966 (Fed.                
          Cir. 1989).                                                                 
               In view of the foregoing, we agree completely with                     
          appellants that Subramanian Figures 2 and 3 demonstrate that                
          the catalysts of the reference do not appear to have the                    
          temperature dependent performance characteristics for NOx                   
          reduction required by claim 1 at R values at or below 0.28.                 

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